A North Wollongong apartment complex rejected for being too "bulky" will go ahead after the developer took the case to the Land and Environment Court.
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The 10-apartment complex in Blacket Street - a stone's throw from North Wollongong beach - would straddle two residential lots and include four three-bedroom apartment and six four-bedroomers.
The development application was lodged with Wollongong City Council in January last year but went before the Wollongong Local Planning Panel to determine its approval.
In a report to the panel council staff identified a range of concerns, including the size of the building - both above and below ground.
"The basement appears much larger than its needs be - even to accommodate the same number of cars currently proposed," the council papers stated.
The location of the basement car park entry - which "presents as a black hole" according to the council's design review panel - reduced the potential for deep soil zones and grassed areas.
Concerns were also raised about the "excessive excavation" required to build the basement car park.
In August the panel rejected the application for the reasons stated in the council staff report and also felt "the reduced setback to the rear of the property adds to the bulk of the building and creates an unacceptable visual impact when viewed from the adjoining public reserve".
The developer took the council to the Land and Environment Court who, in March this year, organised the two parties to a conciliation conference.
During the conference the council and developer came to an agreement over a range of amendments to the apartment block and the court formally granted development approval subject to a range of condition.
These included that trees on the property remain and not be damaged by an excavation work and that a new footpath is constructed along the entire frontage of the apartment block.